SHIVAJI RUNJAJI AUTADE Vs. MAHADU SAKHARAM AUTADE

JUDGEMENT

(1.) THE order under challenge is dt. 27-7-1990 passed by the learned Civil Judge, Senior Division, Kopargaon, recording the finding on Issue No. 16-A and B which pertain to the jurisdiction of the Court. The Issue Nos. 16-A and 16-B are as follows:

(2.) THE Special Civil Suit No. 54 of 1981 has been filed by the plaintiff-respondent initially before the Civil Judge, Senior Division, Ahmednagar, against the defendant-petitioner. The said suit in respect of the Gat No. 308, Gat No. 145, and Gat No. 164 situated at Pohegaon, Taluka Kopargaon. The plaintiff has filed the suit for possession of the property on the basis of title. The plaintiff-respondent has also claimed amount of Rs. 15,000/- by way of income of three years prior to the institution of the suit and has claimed future mesne profits from the date of the suit. The plaintiff has stated the assessment of the lands involved in the said suit as Rs. 18. 75 Ps. and therefore for the purposes of Court fees the value is made 12 and half times of the said assessment i. e. Rs. 234. 34 Ps. So also for amount of Rs. 15,000/- being the arrears of income. Thus on the amount of Rs. 15,334/- Court fees stamp of Rs. 1,124/ is affixed. However, for the purposes of jurisdiction of the Court, the plaintiff has valued the land at Rs. 50,000/- and thereby ultimately the suit is valued at Rs. 65,000/ -.

(3.) SO far as the valuation of the property for the purposes of Court fees is concerned, there is no dispute between the parties but the main dispute centers around the controversy for valuing the agricultural lands to Rs. 50,000/- for the purposes of jurisdiction of the Court. The claim of the petitioner is that the plaintiff respondent is not entitled to quote or state different value for the purposes of jurisdiction of the Court in respect of the agricultural land, therefore, the objection has been raised.